Introduction to Section 143 BNSS / Fresh Security for Unexpired Bond Period Explained
Section 143 BNSS explains the legal process when a person, who earlier promised to appear in court through a bond, does not follow it. If the court had to issue a summons or warrant for that person, and he later appears or is brought in, the court will cancel the previous bond and demand a fresh one for the time left. This ensures legal responsibility is maintained.
What is BNSS Section 143 ?
BNSS Section 143 is a legal rule in the Bharatiya Nagarik Suraksha Sanhita, 2023. It deals with what happens when a person fails to appear in court after giving a bond, and later comes or is brought to court. The law says that in such a case, the court must cancel the old bond and ask for a new bond for the remaining time.
BNSS Section of 143 in Simple Points
1. Old Bond Gets Cancelled if Person Fails to Appear
BNSS Section 143 comes into effect when a person who had earlier given a bond to appear in court fails to show up. In such cases, the court issues a summons or warrant to bring that person to court. Once the person appears on their own or is brought in by the police, the court cancels the earlier bond. This cancellation is necessary because the person has broken the terms of the original bond. The court cannot rely on that bond anymore, so it is legally removed. This step ensures that the person is made to follow fresh legal procedures. It’s the first action before any new bond is taken from that person. Cancelling the bond also helps maintain the seriousness of court orders.
2. Fresh Bond Is Needed for the Remaining Time
Once the old bond is cancelled, the court does not simply end the matter there. The person is asked to give a fresh bond, but this new bond is only for the remaining or unexpired time of the old bond. For example, if the original bond was for 6 months and 3 months have already passed, the new bond will be for the remaining 3 months only. This is a fair way to make sure the person still completes their legal responsibility. It stops people from avoiding the bond period by staying away and coming back later. This rule keeps the bond period active and unbroken. It ensures the person remains under legal obligation.
3. New Bond Must Be the Same Type as the Old One
The new bond that the person gives must be the same kind as the original one. If the first bond was a personal bond (without surety), the new one must also be a personal bond. If the original bond included a surety (like someone guaranteeing the person’s presence), the same kind of bond must be given again. This rule prevents the person from asking for lighter or easier bond terms after violating the old one. The court maintains the same level of seriousness and legal control. It ensures fairness and consistency in court processes. The person does not get any benefit from breaking the earlier bond. It helps maintain trust in the legal system.
4. Rule Applies Whether Person Comes or Is Arrested
BNSS Section 143 applies in all cases, whether the person comes to court on their own after the summons or is caught and brought in by police. It does not matter how the person arrives before the court—the legal process remains the same. The court still cancels the old bond and asks for a new one for the unexpired time. This rule ensures that people who run away from court or delay proceedings do not get any special treatment. Whether voluntary or through arrest, the person faces the same legal steps. This keeps justice equal for everyone and stops misuse of bond rules. It strengthens the court’s authority and control.
5. Maintains Legal Responsibility and Order
The purpose of BNSS Section 143 is to keep the person’s legal responsibility alive. Even if someone avoids court and tries to escape their bond terms, they are still answerable when caught or when they appear. The new bond makes sure that the person does not get away easily. It shows that courts are serious about attendance and discipline. This section keeps the justice system smooth and prevents delays caused by people who don’t follow rules. It protects the value of a bond and ensures people take it seriously. Overall, it helps courts maintain order and respect for the law.
Section 143 of BNSS Overview
BNSS Section 143 ensures that people who fail to appear in court after giving a bond are still held responsible. When they are later brought before the court, the old bond is cancelled, and a new bond is taken for the remaining period. This section helps maintain discipline in the justice process and prevents misuse of bond conditions.
BNSS Section 143 – 10 Key Points
1. Bond Is Cancelled If Person Fails to Appear
When a person signs a bond or bail bond promising to appear in court and then fails to show up, the court can issue a summons or arrest warrant. Once that person appears in court or is forcibly brought in, the bond he had signed earlier is automatically cancelled. This means the court no longer considers the old bond valid.
2. New Bond Is Mandatory for Remaining Time
After cancelling the old bond, the court requires the person to submit a new bond, but only for the remaining duration of the original bond. For example, if the original bond was for 6 months and the person missed court after 2 months, then the new bond will be for the remaining 4 months.
3. New Bond Must Be Same as the Old One
The fresh security (new bond) that the person gives must be of the same type or description as the previous bond. If the first bond was a personal bond, the new one must also be a personal bond. If it was a surety bond with guarantors, the new bond must be of the same kind.
4. Authority to Issue Order Lies With Magistrate or Court
Only a Magistrate or the Court handling the case has the legal power to cancel the old bond and ask for fresh security. No other person or authority can take this decision. This maintains legal procedure and prevents misuse.
5. Applicable Only When Summons or Warrant Is Issued
This section applies only in specific conditions — when the person fails to appear and the court has already issued a summons or a warrant under Section 140(3) or 142(10). So, it’s not for all cases of bond; only for cases where court action had to be taken due to the person’s non-appearance.
6. “Unexpired Period” Means Remaining Time on the Bond
The new bond is not for a fresh full term, but only for the “unexpired portion” — which means the leftover time from the original bond’s duration. This is fair, as the person had already committed to that time, and it would not be just to reset the clock.
7. Treated Like Orders Under Section 125 or 136
Any order passed under Section 143 is legally considered the same as an order under Section 125 (related to security for keeping peace) or Section 136 (related to maintaining good behaviour). This means it has the same legal force and enforcement process as those sections.
8. Prevents Misuse of Legal Bonds
This section prevents people from avoiding legal obligations. A person cannot think, “If I miss court, nothing happens.” Once caught or appearing, he still has to fulfil the bond for the remaining time. It keeps the system fair and discourages delay tactics.
9. Applies Whether Person Comes Voluntarily or Is Caught
It does not matter whether the person appears in court willingly or is brought in by police. In both cases, Section 143 applies. The bond is cancelled, and fresh security must be given for the unexpired term.
10. Helps Maintain Discipline in the Legal Process
This section is important because it upholds the seriousness of court orders and bonds. When people know that they will be held accountable for every missed appearance, they are more likely to follow rules and appear on time. It strengthens the justice system.
Example 1:
Ravi was released on a bail bond for 6 months and was required to appear in court every month. After 3 months, he stopped attending and ignored the court dates. The court issued a warrant, and the police brought him to court. As per Section 143, the court cancelled his old bond and asked him to provide a new bond for the remaining 3 months.
Example 2:
Meena was facing a trial and had given a personal bond to appear in court. One day, she failed to attend the hearing without any valid reason. The court issued a summons. When she appeared later, the court cancelled her original bond and demanded a fresh bond of the same type for the leftover time duration.
Section 143 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Cancelling Old Bond | If a person fails to appear as per bond terms, and appears or is brought before court, their earlier bond is cancelled immediately. |
| 2. New Bond for Remaining Period | A fresh bond is taken from the person for the remaining duration of the original bond, not for a new full period. |
| 3. Same Type of Security | The new bond must be of the same description as the old one—either with surety or without—depending on the original bond. |
| 4. Applies in All Cases | This rule applies whether the person appears voluntarily or is brought in by police/warrant; no exception is made. |
| 5. Legal Duty Continues | The section ensures that a person cannot escape their legal responsibility by skipping court; legal tracking continues smoothly. |
BNSS Section 143 FAQs
BNSS 143
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